Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘The Court of Appeal (“the Court”) were asked to determine whether evidence obtained from the EncroChat application (“the EncroChat material”) can be admitted in evidence in criminal proceedings, or whether it is excluded by the Investigatory Powers Act 2016 (“the 2016 Act”).’

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5SAH, 25th March 2021

Source: www.5sah.co.uk

Johnny Depp loses bid to overturn High Court libel ruling that he assaulted Amber Heard – The Independent

Posted March 26th, 2021 in appeals, deceit, defamation, divorce, domestic violence, evidence, media, news by tracey

‘Johnny Depp has lost a bid to overturn a damning High Court ruling which concluded he assaulted his ex-wife Amber Heard and left her in “fear for her life”.’

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The Independent, 25th March 2021

Source: www.independent.co.uk

Shrewsbury 24: how industrial action led to 47-year fight for justice – The Guardian

‘The industrial action that led to the convictions of union activists and a 47-year campaign to clear their names took place as Edward Heath’s Conservative government sought to weaken the economic power of trade unions.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Shrewsbury 24: court of appeal overturns 1970s picketing convictions – The Guardian

‘Court of appeal judges have overturned the criminal convictions of a group of trade unionists, including the actor Ricky Tomlinson, after a campaign lasting more than four decades.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Judge allows use of documents shared by mistake – Law Society’s Gazette

Posted March 23rd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by sally

‘A High Court judge has granted defendants permission to use documents inadvertently shared by the claimants’ solicitors before trial.’

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Law Society's Gazette, 22nd March 2021

Source: www.lawgazette.co.uk

Court allows defendants to use statements disclosed by mistake – Litigation Futures

Posted March 22nd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by tracey

‘The High Court has granted permission to defendants to use the contents of four otherwise privileged witness statements which were disclosed by the claimants’ solicitors by mistake.’

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Litigation Futures, 22nd March 2021

Source: www.litigationfutures.com

Judge says recent case shows how exceptional circumstances must be if court is to use its power to dismiss care proceedings without having heard all the evidence – Local Government Lawyer

‘A Family Court judge has refused applications to dismiss care proceedings at a half-way stage made by a number of people accused of sexual offences against children.’

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Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk

New Requirements for Witness Statements – 3 Hare Court

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

Nazir Ahmed trial collapses due to ‘disgraceful’ late disclosure of evidence – The Guardian

‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

A new approach to witness statements in the Business and Property Courts: the new Practice Direction 57AC – Hardwicke Chambers

‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’

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Hardwicke Chambers, 4th March 2021

Source: hardwicke.co.uk

Call for vulnerable victims to give video evidence amid courts backlog – The Guardian

‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’

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The Guardian, 5th March 2021

Source: www.theguardian.com

Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com

Police watchdog says Mohamud Hassan may have been injured during disturbance at home – The Guardian

‘The police watchdog investigating the arrest of a man who died suddenly after being released from custody, have indicated he could have suffered injuries during a large disturbance at his home the night before his death.’

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The Guardian, 2nd March 2021

Source: www.theguardian.com

Brint v BHR UHNT: Misleading, Wholly Unreliable and Inaccurate, but not Fundamentally Dishonest – Parklane Plowden Chambers

Posted February 25th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’

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Parklane Plowden Chambers, 23rd February 2021

Source: www.parklaneplowden.co.uk

“Egregious” failings in expert evidence: a shot across the bows from the Court of Appeal (Criminal Division) – 6KBW College Hill

Posted February 25th, 2021 in conspiracy, evidence, expert witnesses, fraud, news by sally

‘The conjoined appeals in R v Byrne and ors. [2021] EWCA Crim 107 related to the safety of convictions arising from separate trials in which the Crown had instructed the same expert, Andrew Ager. Although the convictions were found to be safe, both Ager himself and the prosecution came in for stark criticism, particularly in light of previous high-profile failings in this area in R v Pabon [2018] EWCA Crim 420. The case provides the clearest reminder to all parties in criminal proceedings to ensure compliance with the requirements relating to expert evidence.’

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6KBW College Hill, 17th February 2021

Source: blog.6kbw.com

Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘Alexandra Wilson provides an update on the latest Encrochat position following the judgment in A, B, D & C v Regina [2021] EWCA Crim 128.’

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5SAH, 18th February 2021

Source: www.5sah.co.uk

Court draws adverse inferences from “deliberate destruction” of emails – Litigation Futures

Posted February 23rd, 2021 in electronic mail, estoppel, evidence, film industry, guarantees, news by tracey

‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’

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Litigation Futures, 23rfd February 2021

Source: www.litigationfutures.com

MI6 ‘body-in-bag’: Spy Gareth Williams’ London flat death reviewed – BBC News

Posted February 23rd, 2021 in DNA, evidence, inquests, news, unlawful killing by tracey

‘The death of an MI6 agent whose naked body was found inside a locked holdall at his London flat is to be reviewed. Metropolitan Police investigators said new information about Gareth Williams, who died in 2010, had come to light.’

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BBC News, 22nd February 2021

Source: www.bbc.co.uk

New witness statements Practice Direction approved – Courts and Tribunals Judiciary

Posted February 19th, 2021 in civil procedure rules, evidence, practice directions, press releases, witnesses by tracey

‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’

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Courts and Tribunals Judiciary, 18th February 2021

Source: www.judiciary.gov.uk

Claimant cleared of dishonesty despite ‘wholly unreliable’ evidence – Law Society’s Gazette

Posted February 18th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk